You're a romantic. And, being a former town clerk meself, my guess would be that the one in your wonderful story winked, too. Winkingly, Wendy ----- Original Message ----- From: "Lester M Powers" <[email protected]> To: <[email protected]> Sent: Thursday, August 29, 2002 10:39 PM Subject: [VTWINDSO] Regarding some Green Mountain shenanigans > A recent post hinted that a notary cannot, or ought > not, be her own customer. Interesting thought. It > suddenly reminds me of a question that I pondered the > other day regarding the exciting adventures of my Vermont > ancestors: Can an auctioneer bid at his or her own > auction? OK, not really the same question, but both are > legal loops of a sort, or circular transactions. > > Long-way around for the following poser: > > Deacon Joseph Berry (hereinafter "Deacon Berry") died > at Guildhall, Essex Co., Vermont about 1812 or 1813. > (Wrong list, WINDSO ain't ESSEX, I know, but the Essex > list is, let us say, a very peaceful list, not given to > action, and the events came home to roost at Windsor Co. > later.). Anyway, Joseph Berry, probably Deacon Berry's > son (thus Joseph Jr.), was the executor of the estate. > > Deacon Berry's probate dragged on forever. Two years > after it started, his widow got all of $50 in beds and > bedding, while the estate was declared bankrupt (debts > exceeded assets). I suppose she set up the beds and > bedding in a public park somewhere, because she was on > her own otherwise. Afterwards, she seems to have married > Rowland Powell 5th, formerly of Hartford, VT but since > moved to Richford, VT. And the probate dragged on and on. > > Joseph Berry got a quitclaim deed from Mrs. Powell > (presumably the widow Berry), then got the court's > permission to sell Deacon Berry's land the following > May 27, 1819. I assume that Joseph Berry would sell > Deacon Berry's land at auction, and that Joseph would be > the auctioneer, and that the proceeds would be used to > pay off the Deacon's creditors. > > ONE DAY BEFORE the court-authorized date, on May 26, > 1819, Joseph Berry sold Deacon Berry's land to some guy > in New Hampshire for $500, and the same day the New > Hampshire guy sold the land back to Joseph Berry again > also for $500. > > Now, am I justified in assuming that Joseph did this > little trick because he couldn't bid at his own auction? > Was it a no-no for auctioneers to bid on the items they > were asking for bids on? (Kinda like Wendy not being > able to notarize her own affidavit.) > > Further, would I be out of line if I accused Joseph > of selling/buying the land one day ahead of the court- > ordered sale date so as to have few or no competing bids? > > Was Joseph Berry pulling a double fast one? Or is > my predisposition for wild yarns running away with me? > The land was being sold, I gather, to pay the debts of > the estate, and I think Joseph would otherwise inherit > that land. Why couldn't Joseph just pay the debts and > take the land? (No, it is not stated how big the debts > were, so I don't know if the estate's debts exceeded > the $500 presumably handed over to the probate court after > the sale.) > > If this was a fast one, wouldn't someone notice it > in the deeds book? Wouldn't the town clerk do more than > just wink? Or, is there another explanation for the > whole thing? > > It is to be noted that it appears that the widow > Mrs. Deacon Berry married Luther Powell's (of Pomfret) > brother, that Luther Powell was allied with William > Powers (of Hartford and Pomfret at various times) against > a lawsuit brought by the Johnsons led by lawyer Fairchild, > that lawyer Fairchild built his house on Deacon Berry's > land at some unknown time, and that a few years later > (after the 1819 double sale) there was a mysterious > struggle among the Powells over the land under the > opposing lawyer Fairchild's house suggesting attempts at > levering up an unfair advantage in court. > > So, there were plenty of seemingly shady doings > going on, whirling about all this stuff. But that's for > later. Can any experts on the fast-and-loose out there > tell if the May 26, 1819 double-and-a-day-early sale > really was a Berry fast one? Or am I just a romantic? > > Lester Powers